These General Terms and Conditions ("Terms") of company Kretz s.r.o, with its registered office at Ruprechtov 258, 683 04, Ruprechtov, Company ID: 28944348, registered on 7 August 2009, File No. : C116064 at Regional Court in Brno, e-mail: obchod@kretz.cz, phone number +42051641 5566, and bussiness adress Ruprechtov 258, 683 04, Ruprechtov („We" or „Seller") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code") the mutual rights and obligations between You, as the Buyer, and Us, as the Seller, arising in connection with or based on the purchase agreementAgreementconcluded through the website www.kretz.cz.

All information regarding the proccesing of your personal data is contained in the Privacy Policy, which can be found here. [BUDE DOPLNĚNO].

The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drafted in the Czech language. We may unilaterally amend or supplement the Terms. This provision does not affect the rights and obligations that arose during the period when the previous version of the Terms was in effect.

As you are surely aware, we primarily communicate remotely. Therefore, for our Agreement as well, means of remote communication are used, allowing us to reach an agreement without the simultaneous physical presence of You and Us. The Agreement is thus concluded remotely via the website, through the website interface ("web interface“).

If any part of the Terms conflicts with what we have mutally agreed upon during the process of your order on our website, the specific agreement made during that process shall take precedene over the Terms.

SOME DEFINITIONS

  • Price means the monetary amount you will pay for the Goods;
  • Shipping price is the monetary ammount You will pay for the delivery of the Goods, including the cost of packaging.
  • Total price is the total Price and the Delivery Price;
  • VAT is a value added tax (VAT) in accordance with applicable legal regulations;
  • Invoice means tax document issued in accordance with the Value Added Tax Act for total price.
  • Order means the value added tax in accordance with applicable legal regulations.
  • User account means an account created based on the information you provide, which allows storing submitted data and keeping a history of ordered Goods and concluded Agreements.
  • You means the person placing an order on our website, legally recognized as the Buyer.
  • Goods means all items that can be ordered on the website.

2. GENERAL PROVISIONS AND INSTRUCTIONS

  • Ordering Goods is only possible through the web interface.
  • When purchasing Goods, it is your obligation to provide us with all information correctly and truthfully.
  • On our website, we also provide acess to product reviews submitted by other customers. We ensure and verify the authenticity of such reviews by linking them to specific orders. In our internal system, each review is associated with the corresponding order ID, allowing us to verify and demonstrate that the review comes from a real customer.

3. CONCLUSION OF THE AGREEMENT

  • The Agreement with Us can only be concluded in the Czech language.
  • The Agreement is concluded remotely via the website, and any costs associated with the use of remote communication means shall be borne by You. These costs do not differ from the basic rates you pay for using such means (e.g., internet acess), so no additional charges beyond the Total Price should be expected. By submitting an Order, You agree to our use of remote communication means.
  • To conclude the Agreement, You must create an Order on the website. In this context, it is necessary to provide Us with the following information:
    1. Infromation about the Goods being purchased (on the website, select the Goods you wish to purchase by clicking "Add to Cart");
    2. Information about the Price, Shipping Price, method of payment for the Total Price, and the desired method of delivery; this information will be entered during the Order creation within the website's user interface, with the Price, Shipping Price, and Total Price automatically displayed based on the selected Goods, delivery method, and payment;
    3. Your identification and contact details necessary for delivery of the Goods, including your name, surname, delivery adress, phone number, and email address
  • During the Order creation process, You may change and review the information until the Order is finalized. By clicking the "Order with obligation to pay" button, You complete the Order. Prior to clicking the button, You must confirm that You have read and agreed to these Terms; otherwise, it will not be possible to complete the Order. Confirmation and agreement are made via a checkbox. Once the "Order with obligation to pay" button is clicked, all entered information will be sent directly to Us.
  • We will confirm Your Order as soon as possible after it is received, by sending a confirmation message to the email address provided in the Order. The confirmation will include a summary of the Order and these Terms as an attachment. The Terms effective at the date of the Order, i.e., those attached to the confirmation email, form an integral part of the Agreement. By confirming the Order, the Agreement between You and Us is concluded
  • There may be cases where We are unable to confirm Your Order. This may occur, for example, if the Goods are unavaiable or if You order a larger quantity than permitted. The maximum quantity is always indicated in the E-shop in advance and should not come as a surprise. If there is any reason We cannot confirm the Order, We will contact you and send a proposalto conclude the Agreement in a modified form. The Agreement is concluded once You confirm Our offer.
  • If a manifestly incorrect Price is indicated in the E-shop or in the Order, We are not obligated to supply the Goods at this Price, even if the Order has been confirmed and the Agreement concluded. In such cases, We will contact You without delay and send a proposal for a new Agreement in a modified form. The new Agreement is concluded once You confirm Our offer. A manifest error in the Price is, for example, when the Price does not correspond to the usual market price or a digit is missing or extra.
  • Upon conclusion of the Agreement, You are obliged to pay the Total Price.
  • If you have a User Account, you may place an Order through it. In this case, You must verify the accuracy, truthfulness, and completeness of pre-filled information. The Order process is identical to that for Buyers without a User Account, but the advantage is that You do not need to repeatedly enter your identification details.
  • In some cases, We allow discounts to be applied to purchases of Goods. To receive a discount, You must enter the relevant information in the designated field during the Order process. If You do so, the Goods will be provided with the discount.

USER ACCOUNT

  • Based on your registration on the website, you can access your User Account
  • When registering a User Account, it is your obligation to provide all information accurately and truthfully and to update it in case of any changes.
  • Acess to the User Account is secured by a username and password. You are obliged to keep these acess credentials confidential and not to share them with anyone. We bear no responsibility in case of misuse of these credentials.
  • The User Account is personal, and you are not authorized to allow third parties to use it.
  • We may terminate your User Account, particulary if it has not been used for more than one year or if you breach your obligations under the agreement
  • The User Account may not be avaiable continuously, especially due to necessary maintenance of hardware and software equipment.

5. PRICING AND PAYMENT TERMS, RETENTION OF TITLE

  • The Price is always indicated on the website, in the Order summary, and, of course, in the Agreement. In the event of a discrepancy between the Price shown for the Goods on the website and the Price indicated in the Order summary, the Price in the Order summary shall prevail, which will always be identical to the price in the Agreement. The Order summary also indicated the Shipping Price, or the conditions under which shipping is free.
  • The Total Price is stated including VAT and all fees required by law.
  • Payment of the Total Price is required from You after the conclusion of the Agreement and before delivery of the Goods. Payment of the Total Price can be made using the following methods:
    1. Bank transfer: Payment instruction will be sent to You with the Order confirmation. In case of bank transfer, the Total Price is due within two weeks.
    2. Cash on delivery (COD): Payment is made upon delivery of the Goods. In case of COD, the Total Price is payable upon receipt of the Goods.
    3. Cash upon personal pickup: Cash payment is possible when collection the Goods at Our premises. In this case, the Total Price is payable upon recepit of the Goods.
  • The invoice will be issued electronically after payment of the Total Price and sent to Your email address. The invoice will also be physically attached to the Goods and available in the User Account.
  • Ownership of the Goods passes to You only after the Total Price has been paid and the Goods have been received. In the case of bank transfer, the Total Price is considered paid once it is credited to Our account; in the other cases, it is considered paid at the moment of payment.

6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS

  • The Goods will be delivered to You by the date indicated in the Order; however, We reserve the right to change this date. You may choose from the following delivery options:
    1. Personal pickup at Our premises listed in the premises directory;
    2. Delivery via courier services such as PPL CZ, TOPTRANS, RABEN;
  • Delivery abroad is also possible.
  • The delivery time always depends on the availability of the Goods and the chosen method of delivery and payment. The estimated delivery time will be provided in the Order confirmation. The time indicated in these Terms is for guidance only and may differ from the actual delivery time. In case of personal pickup, You will always be notified by email when the Goods are ready for collection.
  • Upon receipt of the Goods from the carrier, You are obligated to check the integrity of the packaging and immediately report any defects to both the carrier and Us. If the packaging shows signs of unauthorized handling or tampering, You are not obliged to accept the Goods from the carrier.
  • if You fail to accept the Goods, this does not constitute a breach of Our obligation to deliver the Goods. Furthermore, failing to accept the Goods does not constitute withdrawal from the Agreement between You and Us. In such a case, We have the right to withdraw from the Agreement due to Your material breach or to store the Goods, for which You will owe Us a fee of [BUDE DOPLNĚNO]Should We decide to withdraw from the Agreement, the withdrawal becomes effective on the day it is delivered to You. Withdrawal from the Agreement does not affect Our right to claim payment of the Shipping Price or any compensation for damage, if applicable
  • If the Goods are delivered again or by a different method due to reasons on Your side, You are obliged to reimburse Us for the costs associated with the repeated delivery. Payment details for these costs will be sent to Your email address provided in the Agreement and are due within 14 days of receiving the email.
  • The risk of damage to the Goods passes to You at the moment You take possession of them. If You fail to take delivery of the Goods, except in cases where You are not obliged to accept them, the risk passes to You at the moment You could have taken delivery, but for reasons on Your side, it did not occur. The transfer of risk means that from that moment, You bear all consequences related to loss, destruction, damage, or any devaluation of the Goods.
  • If the Goods were not listed as in stock on the website and an estimated availability time was provided, We will always inform You in case of:
    1. extraordinary production outages of the Goods, providing a new estimated availability date or informing You that delivery will not be possible.
    2. delays in delivery of the Goods from Our supplier, providing a new estimated delivery date.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

  • We guarantee that at the time the risk of damage to the Goods passes to You under Article 6 of the Terms, the Goods are free of defects, in particular that the Goods:
    1. Comply with the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics;
    2. are suitable for the purpose for which You require them and with which We agree;
    3. are delivered with the agreed accessories and instructions for use, including assembly or installation manuals;
    4. are suitable for the purpose for which Goods of this type are normally used;
    5. in terms of quantity, quality, and other characteristics, including durability, functionality, compatibility, and safety, correspond to the usual characteristics of Goods of the same type that You can reasonably expect, also taking into account public statement made by Us or another person in the same contractual chain, in particular advertising or labeling;
    6. are delivered with accessories, including packaging, assembly, instructions, and other usage instructions that You can reasonably expect;
    7. correspond in quality or execution to a sample or model provided to You prior to the conclusion of the Agreement.
  • Rights and obligations regarding defective performance are governed by the relevant generally binding legal regulations (in particular Sections 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amanded.
  • If the Goods have a defect, i.e, if any of the conditions set out in the first paragraph of this Article are not met, You may notify Us of such a defect and exercise Your rights arising from defective performance (i.e., make a complaint) by sending an email or letter to Our addresses listed in Our identification details, or in person at Ruprechtov 258, 683 04, RuprechtovYou may also use the sample form provided by Us, which forms Annex 1 of the terms. When exercising the right arising from defective performance, You must choose how You wish the defect to be remedied, and this choice cannot be changed without Our consent. We will handle the complaint in accordance with the right You exercised.
  • Returned goodssent to Us for the purpouse of evaluating a complaint must be properly cleaned for hygiene reason (pumps must be dried) and securely packaged to prevent damage during transport. Operational fluidsmust be before handing it over to the carrier or service center drained.

Fluids left in products are not reimbursed! This constitutes a breach of the shipping conditions, as fluids may leak during transport. This also applies to personal delivery of complaints by the customer. Fluids during trasnport may also damage other shipped items, and the sender may be liable for any resulting damages. If you do not retrieve the fluids during personal handover, We are not responsible for their return.

In the event of a breach of shipping conditions or excessive contamination of the returned product, the complaint will be automatically rejectedIn such a case, the complaint may be resubmitted, provided that You agree to cover the hygiene costs.

Hygiene costs price list: The prices listed below apply both to complaint procedures and to withdrawal from the purchase agreement.

When withdrawing from the purchase agreement, the refunded purchase price may be reduced by these ammounts.

  • The period for handling complaints is suspendedif We have not Recieved all documents required to process the complaint (parts of the Goods, identification via tax document or order number, or other supporting documents). However, We are obligated to request the missing documents from You as soon as possible. If a shipment is received without identification or accompanying letter, the shipment is received without identification or accompanying letter, the shipment will be stored and will await registration by its owner.
    However, the shipment will not be stored for more than 90 days - after this period it will be disposed of.

The warranty automatically expires under Sections §2167 and §2170 of Act No. 89/2012 Coll., the Civil Code, and Sections 9, 10(2), 13, and 24(7) of Act No. 634/1992 Coll., on Consumer Protection, in the following cases:

  • if the defect is due to natural wear and tear of the functional parts of the product caused by normal use;
  • if a discount was applied, the warranty does not cover defects for which the lower prices was agreed;
  • if the product was used contrary to the operating instructions;
  • if the information in the warranty certificate and purchase documents differs from the information indicated on the product;
  • if the defect arose as a result of unauthorized interference by the customer or an unauthorized non contractual service;
  • if the damage was caused by external influences, such a contamination, etc.
  • if the product was mechanically damaged due to the user's fault
  • The warranty does not cover routine maintenance of the product (e.g., lubrication, cleaning of the machine, etc.)
  • In business-to-business transactions, the entrepreneur has no right to reimbursement of costs related to the complaint. For a rejected complaint, the entrepreneur bears the cost of returning the Goods
    • If the Goods are defective, You have the following rights:
      1. to have the defect remedied by delivery of new defect-free Goods, or by delivery of the missing part of the Goods;
      2. to have the defects remedied by repair of the Goods.

Unless the chosen method of remedying the defect is impossible or disproportionately costly compared to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be remedied by the alternative without substantial inconvenience to You.

  • We are entilted to refuse to remedy a defect if it is impossible or disproportionately costly especially considering the significance of the defect and the value the Goods would have without the defect.
  • Furthermore, You have the right to:
    1. a reasonable discount on the Price: or
    2. withdrawal from the Agreement,

if:

  1. We refuse to remedy the defect or do not remedy it in accordance with legal regulations;
  2. the defect recurs;
  3. the defect constitutes a material breach of the Agreement; or
  4. it is evident from Our declaration or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to You
  • The right to withdraw from the Agreement does not apply if the defect is insignificant
  • If You caused the defect Yourself, You are not entilted to rights arising from defective performance.
  • Normal wear and tear from regular use or, in the case of used Goods, wear corresponding to their previous use, does not constitute a defect.
  • When making a complaint, We will issue a written confirmation indicating:
    1. the date on which You submitted the complaint;
    2. the content of the complaint;
    3. the mothod of complaint resolution You requested;
    4. Your contact details for providing information on the complaint resolution.
  • Unless a longer period is agreed, We will remedy the defect and provide information on the complaint resolution within 30 days of receiving the complaint. If this period expires without resolution, You may withdraw from the Agreement or request a reasonable discount.
  • We will inform You of the complaint resolution by email and provide confirmation of the date and method of resolution. If the complaint is justified, You are entilted to reimbursement of reasonably incurred costs. These costs must be documented, e.g., with receipts or proof of shipping costs. If the defect is remedied by delivery of new Goods, You are obliged to return the original Goods to us, but We will cover the return costs.
  • If You are an entrepreneur, You must notify and claim the defect without undue delay You could have detected it, but no later than three days after receiving the Goods.
  • If You are a consumer, You have the right to exercise rights arising from defective performance for a defect in consumer Goods within 24 months of receiving the Goods.

8. WITHDRAWAL FROM THE AGREEMENT

  • Withdrawal from the Agreement, i.e., termination of the contractual relationship between Us and You from the outset, may occur for the reasons and in the manner specified in this Article, or in other provisions of the Terms where the possibility of withdrawal is explicitly stated.
  • If You are a consumer, i.e., a person purchasing the Goods outside the scope of their business activity, You have, in accordance with Section 1829 of the Civil Code, the right to withdraw from the Agreement without giving any reason and without any penalty within 14 days from the conclusion of the Agreement, or, in the case of purchasing Goods, within 14 days from receiving the Goods. If the Agreement involves several items or delivery in multiple parts, this period begins on the day of delivery of the last item or part of the Goods. If the Agreement provides for regular and repeated delivery of Goods, the period begins on the day of delivery of the first shipment.
  • If the value of the Goods has decreased due to use beyond what was necessary to inspect them, the ammount to be refunded will be appropriately reduced by the corresponding decrease in value of the Goods.
  • You may withdraw from the Agreement in any verifiable manner (in particular, by sending an email or letter to Our addresses listed in Our identification details). You may also use the sample form provided by Us, which forms Annex 2 of the Terms. You are not obliged to use this form, but Your written withdrawal must include all the information contained in the form. An entrepreneur is entilted to withdraw from the Agreement only in cases provided by law. In such cases, the entrepreneur bears the shipping costs associated with returning the Goods.
  • Even as a consumer, You cannot withdraw from the Agreement in cases where the subject of the Agreement falls under the provisions of Section 1837 of the Civil Code. Thus, You cannot withdraw from the Agreement:
    • a) for the provisions of services, if they have been fully performed; in the case of performance for a fee, only if the performance began with the prior express consent of the consumer before the withdrawal period expired and the entrepreneur informed the consumer before concluding the Agreement that providing the performance will resoult in the loss of the right to withdraw from the Agreement,
    • b) for the delivery of goods or services whose price depends on fluctuations in the financial market beyond the control of the entrepreneur and which may occur during the withdrawal period,
    • c) for the delivery of alcoholic beverages whose price was agreed upon at the time of concluding the Agreement, with delivery possible only after thirty days, and whose actual value depends on market fluctuations beyond the control of the entrepreneur,
    • d) for the delivery of goods manufactured according to the consumer's specifications or adapted to their personal needs,
    • e) for the delivery of goods that are perishable or have a short shelf life, as well as goods that, due to their nature, are irreversibly mixed with other goods after delivery.
    • f) for urgent repairs or maintenance to be carried out at a location specified by the consumer at their express request; however, this does not apply to performing any repairs not requested or delivering goods other than the spare parts necessary to carry out the repair or maintenance
    • g) for the delivery of goods in a sealed package which, for reasons of health protection or hygiene, cannot be returned once the consumer has opened it,
    • h) for the delivery of audio or video recordings, or computer software in a sealed package, if the consumer has opened it;
    • i) for the delivery of newspapers, periodicals, or magazines, except for subscription contracts for their delivery;
    • j) for accommodation, transportation of goods, rental of a means of transport, catering, or leisure services, if performance is to occur on a specific date or during a specific period according to the Agreement;
    • k) concluded on the basis of a public auction under another law, in which the consumer can be physically present; or
    • l) for the delivery of digital content not supplied on a tangible medium, after performance has begun; in the case of paid performance, only if it began with the prior express consent of the consumer before the withdrawal period expired, the consumer was informed that starting the performance causes the loss of the right to withdraw, and the entrepreneur provided confirmation pursuant to Section 1824a(1) and (2) or 1828(3) and (4) of the Civil Code.
  • The withdrawal period is considered met if You send Us a notice of withdrawal from the Agreement during this period.
  • In the event of withdrawal, You are obliged to return the Goods to Us within 14 days from withdrawal and bear the costs associated with returning the Goods. You are, however, entilted to a refund of the delivery cost, but only up to the amount corresponding to the cheapest delivery method offered by Us for the delivery of the Goods. In the case of withdrawal due to Our breach of the Agreement, We will also cover the return costs, but again only up to the delivery cost corresponding to the cheapest offered delivery method for the Goods.
  • In the event of withdrawal from the Agreement, the price will be refunded to You within 14 days from the effective date of withdrawal, to the account from which it was paid or to an account chosen during withdrawal. However, the refound will not be made before We receive the Goods or You prove that they have been sent back to Us. Please return the Goods clean, if possible, including the original packaging.
  • You are responsible for any reduction in the value of the Goods resoluting from handling them in a way other than necessary to establish their nature, characteristics, and functionality, i.e., the way You would examine the Goods in a physical store. If We have not yet refounded the Price, We are entilted to deduct the amount of these costs from Your claim for refund of the price.
  • We are entilted to withdraw from the Agreement at any time before delivering the Goods to You if there are objective reasons why the Goods cannot be delivered (in particular, reasons related to the nature of the Goods). We may also withdraw from the Agreement if it is evident that You have intentionally provided incorrect information in the Order. If You are purchasing the Goods in the course of Your business activity, i.e., as an entrepreneur, We are entilted to withdraw from the Agreement at any time, even without providing a reason.

DISPUTE RESOLUTION WITH CONSUMERS

  • Consumer complaints are handled via the email address obchod@kretz.czInformation regarding the resolution of a complaint will be sent to the consumer's email address.
  • For out-of-court resolution of consumer disputes arising from the Agreement, the competent authority is the Czech Trade Authority, located at Gorazdova 1969/24, 120 00 Prague 2, Company ID: 000 20 869, website http://www.coi.czThe online dispute resolution platform, avaiable at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and a consumer arising from a purchase agreement concluded electronically.
  • The European Consumer Centre Czech Republic, located at Gorazdova 1969/24, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz serves as the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (the Online Dispute Resolution Regulation)

FINAL PROVISIONS

  • If the legal relationship between Us and You contains an international element, it shall always be governed by the law of the Czech Republic. However, if You are consumers, this provision does not affect Your rights arising from mandatory legal regulations.
  • All written corresponces will be delivered to You electronically. Our email adress is provided in Our identification details. We will send corresponces to the email adress You provided in the Agreement, in the User Account, or the one You used to contact Us.
  • The Agreement can only be amended based on Our written consent. However, We are entilted to modify and supplement these Terms and Conditions; such changes do not affect Agreements already concluded but only Agreements concluded after the effective date of the change. We will inform You of the change only if You have a User Account (so that You are aware when ordering new Goods; the change does not create a right to terminate, as no Agreement has been concluded that could be terminated), or if, based on the Agreement, We are to supply Goods to You regularly and repeatedly. Information about the change will be sent to Your email address at least 14 days before its effective date. If We do not receive a termination of the concluded Agreement for regular and repeated deliveries of Goods from You within 14 days of sending the information about the change, the new terms become part of Our Agreement and will apply to the delivery of Goods following the effective date of the change. The notice period for termination is 2 months.
  • In the event of force majeure or unforeseeable events (natural disasters, pandemics, operational failures, supplier outages, etc.), We shall not be liable for damages caused as a result of or in connection with force majeure events. If a force majeure situation lasts longer than 10 days, both We and You have right to withdraw from the Agreement.
  • Annexed to the Terms and Conditions are a sample complaint form and a sample withdrawal form.
  • The Agreement, including the Terms and Conditions, is archived electronically by Us but is not accessible to You. However, You will always receive the Terms and Conditions and the Order confirmation with a summary of the Order via email, ensuring access to the Agreement even without Our assistance. We recommend always saving the Order confirmation and the Terms and Conditions.

These Terms and Conditions come into effect on 08.02.2025 08.02.2025.